Taylor & Son v. Irons [1924] ScotLR 507 (27 May 1924)

Taylor & Son v. Irons [1924] ScotLR 507 (27 May 1924)

The proviso to section 1 of the Workmen's Compensation Act 1923 applies to cases where the weekly payments under the 1906 Act have been redeemed by lump sum, as well as to those where they have not. The right to the war addition payment continues so long as total incapacity endures, provided the accident occurred before 31 December 1923. The dispute arising under the 1923 Act was not covered by the prior agreement, making arbitration competent.

Citation
[1924] ScotLR 507
Parties
Defender and Appellant: G. C. Taylor & Son; Pursuer and Respondent: John Irons
Jurisdiction
Scotland
Judgment Date
27 May 1924
Procedural Posture
Arbitration Appeal (stated Case) Under Workmen's Compensation Acts / Inner House, Court of Session (appeal From Sheriff Substitute)
Outcome
Appeal dismissed; decision of Sheriff-Substitute reversed on competency; respondent entitled to continue receiving war addition payments.
Legal Topics
Workmen's Compensation, War Addition Acts, Arbitration Competency, Statutory Repeal and Savings, Interpretation of Provisos
Labour Law Statutory Interpretation Workmen's Compensation War Addition Acts Arbitration Competency Statutory Repeal and Savings Interpretation of Provisos

Case Brief

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Parties

G. C. Taylor & Son

Defender and Appellant

John Irons

Pursuer and Respondent

Procedural Posture

Arbitration Appeal (stated Case) Under Workmen's Compensation Acts / Inner House, Court of Session (appeal From Sheriff Substitute)

Legal Issues

  1. 1 Whether a workman whose weekly compensation under the 1906 Act was redeemed by lump sum is entitled to continue receiving war addition payments after repeal of the War Addition Acts by the 1923 Act, in light of the proviso to section 1 of the 1923 Act.
  2. 2 Whether the application by minute for arbitration was competent given the existence of a recorded agreement.

Ratio Decidendi

The proviso to section 1 of the Workmen's Compensation Act 1923 applies to cases where the weekly payments under the 1906 Act have been redeemed by lump sum, as well as to those where they have not. The right to the war addition payment continues so long as total incapacity endures, provided the accident occurred before 31 December 1923. The dispute arising under the 1923 Act was not covered by the prior agreement, making arbitration competent.

Court Disposition

Appeal dismissed; decision of Sheriff-Substitute reversed on competency; respondent entitled to continue receiving war addition payments.

Orders

  • First question (competency of minute) answered in the negative (minute competent).
  • Second and third questions (entitlement to payment) answered in the affirmative (respondent entitled to payment).